Sheriff Act 2009

Version No. 014

Sheriff Act 2009

No. 9 of 2009

Version incorporating amendments as at
3 May 2023

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 1

4 Meaning of appropriately trained justice employee 7

5 Crown to be bound 7

Part 2—The sheriff, the deputy sheriff and sheriff's officers 8

Division 1—The sheriff 8

6 The sheriff 8

7 Functions, powers and duties of the sheriff 8

8 Sheriff may appoint certain Department of Justice employees as deputised persons 9

9 Delegation of sheriff's enforcement functions and powers 9

Division 2—The deputy sheriff 10

10 The deputy sheriff 10

Division 3—Sheriff's officers 11

11 Sheriff's officers 11

12 Appointment of sheriff's officers as bailiffs 11

Part 3—The sheriff's enforcement functions and powers 12

Division 1—Execution of warrants and other processes 12

13 Execution and return of warrants and other processes 12

14 Execution of warrants that are in electronic form 12

Division 2—Power to arrest 14

15 General power to arrest persons 14

Division 3—Power to restrain 14

16 Power to temporarily restrain person hindering execution of warrant or exercising of power under Fines Reform Act 2014 14

Division 4—Powers to enter and search 14

17 Power to enter premises for the purpose of serving seven day demand 14

18 Power to enter and search premises in order to arrest person 15

19 Power to enter and search premises for recoverable property 15

20 Power to enter and take possession of real property 16

21 Use of reasonable force and assistance to enter premises 16

22 Requirements in relation to entry to premises to execute civil warrants 16

22A Entry to premises to execute multiple money warrants 17

Division 5—Powers to seize, sell and deal with property 18

23 Sheriff may seize recoverable property 18

24 Sheriff may sell or otherwise deal with seized property 18

25 Buyer of property sold by sheriff acquires good title 18

Division 6—Powers to demand and receive payment 19

26 Sheriff may collect payments under notices of final demand 19

27 Sheriff may demand and receive payment in relation to money warrants 19

28 Reinstatement of certain money warrants after whole or part of payable amount has been paid by third party 21

Division 7—Power to request name and address 23

29 Power to request name and address for purpose of executing warrant 23

Division 8—Performance and exercise of enforcement functions and powers at police road checks 25

30 Performance and exercise of enforcement functions and powers at police road checks 25

Division 9—Other enforcement powers 26

31 Power to direct a person to do something 26

Division 10—Costs and expenses of execution of warrants 26

32 Sheriff may recover reasonable costs and expenses of execution 26

Division 11—Miscellaneous matters 27

33 Sheriff's duties on receipt of money to satisfy debt or on seizing property 27

33A How unsold property to be handled 28

Part 4—Execution of multiple warrants 30

Division 1—Execution of more than one warrant at the same time 30

34 Definitions 30

35 All warrants in a multiple warrant situation must be executed at the same time 31

36 Execution of warrants with related seven day demands 31

37 Execution of warrant of seizure and sale or to seize property and warrant to imprison 31

38 Execution of warrant to imprison and enforcement warrant 32

39 Execution of warrant to imprison and warrant to arrest 32

40 Execution of warrant to imprison, warrant to arrest and enforcement warrant 34

Division 2—Application of proceeds from executed money warrants 36

41 Division does not affect the operation of Part 9 or Part 11 of the Fines Reform Act 2014 36

42 Definitions 36

43 Priority of application of proceeds of executed warrants 36

44 Payable amounts under warrants to imprison to be applied first 37

45 How payable amounts under warrants to arrest and other non-imprisonment warrants are to be applied 38

46 How payable amounts under other money warrants are to be applied 38

Part 5—General 40

Division 1—Offences 40

47 Offence to resist sheriff, deputy sheriff, sheriff's officer or justice employee 40

48 Offence to assault sheriff, deputy sheriff, sheriff's officer or justice employee 40

49 Offence to escape from lawful custody of sheriff, deputy sheriff, sheriff's officer or justice employee 41

50 Offence to rescue or attempt to rescue goods 41

51 Offence to impersonate sheriff, deputy sheriff, sheriff's officer or justice employee 41

Division 2—Information collection 41

52 Definitions 41

53 Sheriff may request required information from specified agency for purpose of executing warrants 43

54 Specified agency must comply unless certain cases apply 43

55 Restriction on sheriff in relation to use of required information 44

55A Access to and use of information held by credit reporting bodies 44

Division 2A—Service of foreign, interstate and Commonwealth judicial documents 44

55B Service of certain judicial documents 44

Division 3—Regulations 45

56 Regulations 45

Part 6—Amendments, savings and transitionals 47

Division 5—Savings and transitionals 47

78 Definition 47

79 Saving of office of sheriff 47

80 Saving of office of deputy sheriff 47

81 Savings provision—sheriff's officers 47

82 Transitional provision—deputised persons 48

83 Transitional provision—sheriff's officers who are bailiffs for purposes of Supreme Court Act 1986 48

84 Transitional provision—sheriff's officers who are bailiffs of the County Court 48

85 Application of Act to a warrant and other process issued but not executed before commencement day 48

Endnotes 49

1 General information 49

2 Table of Amendments 51

3 Explanatory details 53

Version No. 014

Sheriff Act 2009

No. 9 of 2009

Version incorporating amendments as at
3 May 2023

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purpose

The main purpose of this Act is to provide a legislative framework for the appointment of the sheriff, the deputy sheriff and sheriff's officers and their functions, powers and duties.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 January 2010, it comes into operation on that day.

3 Definitions

In this Act—

appropriately trained justice employee has the meaning given by section 4;

civil proceeding means a proceeding other than a criminal proceeding;

S. 3 def. of civil warrant amended by No. 17/2022 s. 87.

civil warrant means—

(a) any of the following directed to the sheriff—

(i) a warrant of seizure and sale;

(ii) a warrant of possession;

(iii) a warrant of delivery;

(iv) a warrant to seize property under section 111 of the Magistrates' Court Act 1989; or

(b) any other warrant directed to the sheriff relating to the enforcement of a judgment or order of the court in a civil proceeding;

S. 3 def. of Convention country inserted by No. 17/2022 s. 94.

Convention country means a country, other than Australia, that is a party to the Hague Convention;

S. 3 def. of court and enforcement legislation amended by Nos 47/2014 s. 317(a), 29/2020 ss 16, 17.

court and enforcement legislation means—

(a) this Act;

(b) the Supreme Court Act 1986;

(c) the County Court Act 1958;

(d) the Magistrates' Court Act 1989;

(e) the Infringements Act 2006;

(ea) the Fines Reform Act 2014;

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(f) the Crimes Act 1958;

(g) the Sentencing Act 1991;

(h) any other prescribed Act;

(i) regulations made under this Act, an Act referred to in paragraphs (b) to (g) or a prescribed Act under paragraph (h);

(j) a rule of court;

criminal proceeding means—

(a) a prosecution for an offence; or

(b) a proceeding that is related to or associated with a prosecution for an offence—

but does not include—

(c) a claim for compensation; or

(d) a proceeding under the Confiscation Act 1997;

S. 3 def. of criminal warrant amended by Nos 32/2013 s. 61(a), 47/2014 s. 317(b).

criminal warrant means—

(a) a warrant to arrest issued by the Supreme Court or County Court and directed to the sheriff;

(b) any of the following warrants issued under the Magistrates' Court Act 1989 and directed to the sheriff—

(i) a warrant to arrest under section 61 of that Act;

(ii) a warrant to imprison under section 68 of that Act;

(iii) a warrant to seize property under section 73 of that Act;

(c) a warrant to arrest issued under section 69 of the Sentencing Act 1991 and directed to the sheriff;

(d) an enforcement warrant directed to the sheriff;

(e) any other warrant relating to a criminal proceeding issued by a court and directed to the sheriff;

delegated enforcement function or power means a function, power or duty of the sheriff specified in an instrument of delegation under section 9(1);

deputised person means a person appointed under section 8;

deputy sheriff means the person employed under section 10;

enforcement function or power means a function, power or duty referred to in section 7(1) or (2)(a);

S. 3 def. of enforcement order repealed by No. 47/2014 s. 317(f).

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S. 3 def. of enforcement order notice repealed by No. 47/2014 s. 317(f).

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S. 3 def. of enforcement warrant inserted by No. 47/2014 s. 317(e).

enforcement warrant has the same meaning as it has in the Fines Reform Act 2014;

S. 3 def. of foreign judicial document inserted by No. 17/2022 s. 94.

foreign judicial document means a judicial document that originates in a Convention country and relates to any civil proceeding in a court of that country;

S. 3 def. of Hague Convention inserted by No. 17/2022 s. 94.

Hague Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965;

S. 3 def. of infringement warrant repealed by No. 47/2014 s. 317(f).

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S. 3 def. of interstate or Common-wealth judicial document inserted by No. 17/2022 s. 94.

interstate or Commonwealth judicial document means a judicial document that relates to any civil proceeding in a court of another State or the Commonwealth;

S. 3 def. of money warrant amended by Nos 32/2013 s. 61(b), 47/2014 s. 317(c).

money warrant means—

(a) a civil warrant (other than a warrant of possession) directed to the sheriff; or

(b) an enforcement warrant directed to the sheriff; or

(c) a warrant to imprison issued under section 68(b) of the Magistrates' Court Act 1989 directed to the sheriff; or

(d) a warrant to arrest issued under section 69 of the Sentencing Act 1991 directed to the sheriff; or

(e) a warrant to seize property issued under section 73 of the Magistrates' Court Act 1989 directed to the sheriff;

motor vehicle has the same meaning as in the Road Safety Act 1986;

S. 3 def. of notice of final demand inserted by No. 47/2014 s. 317(e).

notice of final demand has the same meaning as it has in the Fines Reform Act 2014;

payable amount means the amount specified in a money warrant as being required to be paid by the person named or described in the money warrant;

police gaol has the same meaning as in the Corrections Act 1986;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 156.1).

police officer has the same meaning as in the Victoria Police Act 2013;

premises include—

(a) land;

(b) any structure, building or place (whether built on or not), and any part of such structure, building or place;

prison has the same meaning as in the Corrections Act 1986;

proceeding means a proceeding in a court and includes an interlocutory or similar proceeding;

property includes real property, personal property and money;

recoverable property means property specified in a warrant that may be lawfully seized under the warrant;

Secretary means Secretary to the Department of Justice;

S. 3 def. of seven day demand amended by Nos 32/2013 s. 61(c), 47/2014 s. 317(d).

seven day demand means—

(a) a demand referred to in section 69C of the Sentencing Act 1991; or

(b) a seven-day notice issued under the Fines Reform Act 2014;

sheriff means the person employed under section 6;

sheriff's officer means a person employed under section 11;

warrant means a criminal warrant or a civil warrant;

warrant costs means the costs and expenses of the sheriff described in section 32.

4 Meaning of appropriately trained justice employee

An appropriately trained justice employee is a person employed in the Department of Justice under Part 3 of the Public Administration Act 2004 who the sheriff considers has the necessary competence, training or experience to perform or exercise a delegated enforcement function or power.

5 Crown to be bound

This Act binds the Crown, not only in right of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all of its other capacities.

Part 2—The sheriff, the deputy sheriff and sheriff's officers

Division 1—The sheriff

6 The sheriff

There is to be employed under Part 3 of the Public Administration Act 2004 a sheriff—

(a) for the purposes of court and enforcement legislation; and

(b) to assist in the administration of justice in Victoria.

7 Functions, powers and duties of the sheriff

(1) The sheriff has the functions and powers conferred, and duties imposed, on the sheriff by—

(a) court and enforcement legislation; or

(b) a warrant.

(2) In addition, the sheriff—

(a) has all the functions, powers and duties at law that the sheriff employed under section 106(a) of the Supreme Court Act 1986 had immediately before the commencement of section 58(1) that are not inconsistent with a function, power or duty referred to in subsection (1); and

(b) may perform any other function or duty, or exercise any other power, that he or she is authorised to perform or exercise under any other law.

8 Sheriff may appoint certain Department of Justice employees as deputised persons

(1) The sheriff, by instrument, may appoint as a deputised person any of the following persons employed in the Department of Justice under Part 3 of the Public Administration Act 2004—

(a) a person employed as an executive employee (within the meaning of that Act);

(b) a person employed as a non-executive employee (within the meaning of that Act) at a level of Grade 5, Grade 6 or Senior Technical Specialist.

(2) The sheriff may only appoint a person as a deputised person under subsection (1) who the sheriff considers has the necessary competence, training or experience to perform or exercise a delegated enforcement function or power.

(3) A deputised person has the functions and powers conferred on him or her, and duties imposed on him or her, under an instrument of delegation under section 9(1).

(4) In addition, the deputised person may perform any other function or duty, or exercise any other power, that he or she is authorised to perform or exercise under any other law.

9 Delegation of sheriff's enforcement functions and powers

(1) Subject to this section, the sheriff, by instrument, may delegate a function or power conferred, or duty imposed, on the sheriff by court and enforcement legislation (other than this power of delegation) or a warrant to—

(a) a deputised person; or

(b) a sheriff's officer or class of sheriff's officer; or

(c) an appropriately trained justice employee or class of appropriately trained justice employees.

(2) An instrument under subsection (1)—

(a) must state the name of the person or describe the class of person to whom the sheriff's functions, powers or duties under court and enforcement legislation or a warrant are delegated; and

(b) must specify the function, power or duty that is being delegated; and

(c) may include a condition or limitation; and

(d) may include an expiry date.

(3) As soon as practicable after making an instrument under subsection (1), the sheriff must notify, in writing, the person or the persons belonging to the class of person to whom that instrument applies.

Division 2—The deputy sheriff

10 The deputy sheriff

(1) There is to be employed under Part 3 of the Public Administration Act 2004 a deputy sheriff.

(2) Subject to the direction of the sheriff, the deputy sheriff may exercise or perform an enforcement function or power of the sheriff (other than a function or power under section 9).

(3) In addition, the deputy sheriff may perform any other function or duty, or exercise any other power, that he or she is authorised to perform or exercise under any other law.

Division 3—Sheriff's officers

11 Sheriff's officers

(1) There are to be employed under Part 3 of the Public Administration Act 2004 sheriff's officers to assist the sheriff—

(a) in performing his or her functions and duties; and

(b) in exercising his or her powers.

(2) A sheriff's officer has the functions and powers conferred on him or her, and duties imposed on him or her, under an instrument of delegation under section 9(1).

(3) Subsection (2) does not limit the functions and powers that may be conferred, or the duties that may be imposed, on a sheriff's officer under another law.

12 Appointment of sheriff's officers as bailiffs

(1) The sheriff, by instrument, may appoint a sheriff's officer as a bailiff for the purposes of the Supreme Court Act 1986 or County Court Act 1958.

(2) The sheriff may only appoint a sheriff's officer under subsection (1) who the sheriff considers has the necessary competence, training or experience to be a bailiff.

(3) An appointment under subsection (1) is for the term, and subject to the conditions, specified in the instrument of appointment.

Part 3—The sheriff's enforcement functions and powers

Division 1—Execution of warrants and other processes

13 Execution and return of warrants and other processes

S. 13(1) amended by Nos 87/2009 s. 12, 17/2022 s. 88(1).

(1) Subject to subsection (1A), the sheriff must execute and return every warrant or other process directed to the sheriff as soon as practicable after receiving the warrant or other process.

S. 13(1A) inserted by No. 17/2022 s. 88(2).

(1A) Subsection (1) does not apply to the return of a warrant under the Magistrates' Court Act 1989.

(2) When executing a warrant or other process, the sheriff may only perform or exercise enforcement functions and powers that are reasonably necessary to execute the warrant or other process.

14 Execution of warrants that are in electronic form

(1) For the purposes of court and enforcement legislation, the sheriff may execute a warrant that is not in paper form if—

(a) the sheriff, before executing the warrant, verifies, by electronic means, that the warrant has been received by the sheriff; and

(b) the sheriff, before executing the warrant, gives to the person named or described in the warrant, specified warrant details; and

(c) where a seven day demand relating to the warrant has been served on the person named or described in the warrant—

(i) the period specified in the demand has expired; or

(ii) the person named or described in the warrant has agreed to waive the operation of that period; and

Note to s. 14(1)(c) inserted by No. 17/2022 s. 89.

Note

See section 120 of the Fines Reform Act 2014 in relation to the execution of enforcement warrants.

(d) the sheriff, at the same time as executing the warrant, gives the person named or described in the warrant a copy of the warrant powers summary.

(2) In this section—

electronic means means accessing a database on which details of warrants received by the sheriff are stored;

specified warrant details, in relation to a warrant, means—

(a) the name of the person named or described in the warrant; and

(b) the address appearing on the warrant of the person named or described in the warrant; and

(c) the date on which the warrant was issued; and

(d) any other prescribed details;

warrant powers summary means—

(a) a description of the type of warrant; and

(b) the provision of the court and enforcement legislation (if relevant) under which the warrant was issued; and

(c) a summary of the sheriff's powers in relation to the warrant.

Division 2—Power to arrest

15 General power to arrest persons

The sheriff may arrest—

(a) a person named or described in a criminal warrant that authorises that person's arrest;

(b) a person as provided by the relevant court and enforcement legislation.

Division 3—Power to restrain

S. 16 (Heading) amended by No. 59/2017 s. 133(1).

16 Power to temporarily restrain person hindering execution of warrant or exercising of power under Fines Reform Act 2014

S. 16(1) substituted by No. 59/2017 s. 133(2).

(1) The sheriff may restrain a person who is hindering—

(a) the execution of a warrant; or

S. 16(1)(b) amended by No. 17/2022 s. 90.

(b) the exercise of a power under section 127, 128, 129, 130, 131, 140, 141 or 145 of the Fines Reform Act 2014.

(2) A person restrained under this section must be released as soon as the activity that the person was hindering has been completed.

(3) Nothing in this section affects the operation of section 47 or 48 or the powers of the Supreme Court in relation to contempt.

Division 4—Powers to enter and search

17 Power to enter premises for the purpose of serving seven day demand

(1) This section applies if the sheriff reasonably believes that a person named or described in a warrant, in respect of which a seven day demand is required to be given, is at particular premises.

(2) Subject to section 21(2), the sheriff may enter the premises, in accordance with the relevant court and enforcement legislation, for the purpose of serving the person with the seven day demand.

18 Power to enter and search premises in order to arrest person

(1) This section applies if the sheriff suspects that a person named or described in a criminal warrant that authorises the arrest of that person is at particular premises.

(2) In the execution of a warrant that authorises the arrest of the person, the sheriff may, in accordance with the relevant court and enforcement legislation—

(a) break and enter the premises at which the person is suspected to be for the purpose of searching for that person; and

(b) after entering those premises, search for that person in the premises for the purpose of arresting the person.

19 Power to enter and search premises for recoverable property

Subject to this Division, in the execution of a warrant that authorises the seizure of property the sheriff may, in accordance with the relevant court and enforcement legislation—

(a) enter for the purpose of searching for and seizing recoverable property—

(i) premises occupied by the person named or described in the warrant; or

(ii) premises at which the sheriff reasonably suspects there is property of the person named or described in the warrant that is recoverable property; and

(b) after entering the premises, search for recoverable property for the purpose of seizing it.

20 Power to enter and take possession of real property

In the execution of a warrant of possession, the sheriff may, in accordance with the warrant, enter premises owned by the person named or described in the warrant for the purpose of taking possession of those premises.

21 Use of reasonable force and assistance to enter premises

(1) Subject to section 22, the sheriff may use any force and assistance that is reasonably necessary to enter premises for the purpose of exercising a power under—

(a) court and enforcement legislation; or

(b) a warrant.

(2) The sheriff must not use any force to enter premises for the purpose of serving a seven day demand.

22 Requirements in relation to entry to premises to execute civil warrants

S. 22(1) amended by No. 47/2014 s. 318(1).

(1) Subject to section 22A, this section applies if the sheriff intends to enter premises for the purpose of executing a civil warrant, other than a warrant of possession.

(2) The sheriff may enter the premises only if he or she believes on reasonable grounds that there is or may be at the premises personal property of the person named or described in the warrant that is recoverable property.

(3) The sheriff must request the owner or occupier of the premises for consent to enter the premises.

S. 22(4) substituted by No. 87/2009 s. 13(1).

(4) The sheriff may use force and assistance to enter the premises if the owner or occupier of the premises unreasonably withholds his or her consent.

S. 22(4A) inserted by No. 87/2009 s. 13(1).

(4A) Despite subsection (3), the sheriff may use force and assistance to enter the premises if—

(a) the sheriff, after reasonable attempts to do so, cannot contact the owner or occupier of the premises; or

(b) the sheriff reasonably believes that the owner or occupier of the premises is avoiding being contacted by the sheriff.

S. 22(5) amended by Nos 87/2009 s. 13(2), 47/2014 s. 318(2).

(5) If the sheriff decides to use force and assistance as provided under this section to enter premises that are residential premises, he or she must only use that force and assistance between the hours of 7 a.m. and 9.30 p.m.

S. 22A inserted by No. 47/2014 s. 319.

22A Entry to premises to execute multiple money warrants

(1) Subject to subsection (2), if the sheriff has a money warrant that is a criminal warrant to execute against a person, the sheriff may also execute against the person any money warrant that is a civil warrant that is in possession of the sheriff.

(2) Despite section 22(5), if the sheriff uses force and assistance to enter under subsection (1) premises that are residential premises before 7 a.m. or after 9.30 p.m., the sheriff, after entering the premises, may execute against the person any money warrant that is a civil warrant that is in possession of the sheriff.

Division 5—Powers to seize, sell and
deal with property

23 Sheriff may seize recoverable property

The sheriff may seize or take possession of recoverable property in accordance with the relevant court and enforcement legislation or a warrant that authorises the seizure of property, regardless of who has possession of the recoverable property.

24 Sheriff may sell or otherwise deal with seized property

Subject to this Act, the sheriff may—

(a) sell property seized in accordance with the relevant court and enforcement legislation, or a warrant that authorises the seizure of property, for the purpose of applying the proceeds of the sale to the payment of a payable amount; or

(b) deal with property seized in accordance with a warrant that authorises the seizure of property.

25 Buyer of property sold by sheriff acquires good title

(1) A person who buys property sold by the sheriff under this Division acquires good title to the property if the person buys the property—

(a) in good faith; and

(b) without notice of any defect or want of title.

(2) The sheriff is not liable in respect of the sale of property under this Division unless it is proved that the sheriff had notice, or might, by making reasonable enquiry, have ascertained, that the property was not the property of the person named or described in the warrant under which that property was seized.

(3) Nothing in this section limits or affects any right or remedy that the previous owner of property sold under this Division has or may seek otherwise than—

(a) against the property sold; or

(b) against the sheriff in the exercise of a power of sale under this Division.

Division 6—Powers to demand and receive payment

S. 26 (Heading) amended by No. 47/2014 s. 320(1).

26 Sheriff may collect payments under notices of final demand

(1) This section applies if—

(a) the sheriff is about to execute a money warrant against a person; and

S. 26(1)(b) substituted by No. 47/2014 s. 320(2).

(b) a notice of final demand has been served on the person.

S. 26(2) amended by No. 47/2014 s. 320(3).

(2) Before executing the money warrant, the sheriff must inform the person that the person may make a payment in accordance with the notice of final demand to the sheriff, if the person wishes to do so.

27 Sheriff may demand and receive payment in relation to money warrants

(1) The sheriff, in the execution of a money warrant, may demand from a person named or described in the money warrant the payment of the payable amount.

(2) Subject to this section, the sheriff may receive money as payment of the payable amount or a part of the payable amount from—

(a) the person named or described in the money warrant; or

(b) another person who is present at, or resides at, the premises that the sheriff has entered to execute the money warrant (a third party).

(3) The sheriff may receive the whole of the payable amount, or a part of the payable amount, in the case of—

S. 27(3)(a) amended by No. 47/2014 s. 321(1).

(a) an enforcement warrant; or

(b) a civil warrant.

(4) The sheriff may only receive the whole of the payable amount in the case of—

(a) a warrant to imprison issued under section 68(b) of the Magistrates' Court Act 1989; or

S. 27(4)(b) amended by No. 87/2009 s. 14(1).

(b) a warrant to seize property issued under section 73 of the Magistrates' Court Act 1989; or

S. 27(4)(c) amended by No. 32/2013 s. 62.

(c) a warrant to arrest issued under section 69 of the Sentencing Act 1991; or

(d) a warrant of delivery.

S. 27(5) amended by No. 47/2014 s. 321(2).

(5) The sheriff may receive payment of the payable amount, or a part of the payable amount, under a money warrant from a third party unless the person named or described in the warrant informs the sheriff that he or she does not consent to the making of the payment by the third party.

S. 27(6) repealed by No. 47/2014 s. 321(3).

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(7) In order to assist a third party to pay the payable amount or a part of the payable amount, the sheriff may inform the third party of the payable amount.

(8) The sheriff must not give a third party any other information about a money warrant.

(9) As soon as practicable after receiving a payment from a third party under this section, the sheriff must serve on the person named or described in the money warrant a notice that—

(a) specifies—

(i) the name of the third party; and

(ii) the date of the payment; and

(iii) the amount paid; and

S. 27(9)(b) amended by Nos 87/2009 s. 14(2), 47/2014 s. 321(4).

(b) states that the person may apply, within 28 days after service of the notice, to the court that issued the money warrant for a reinstatement of the warrant under section 28.

S. 28 (Heading) amended by No. 47/2014 s. 322(1).

28 Reinstatement of certain money warrants after whole or part of payable amount has been paid by third party

(1) In this section—

S. 28(1) def. of applicable money warrant inserted by No. 47/2014 s. 322(2)(a).

applicable money warrant means an executed money warrant or a partly executed money warrant;

S. 28(1) def. of executed money warrant amended by No. 47/2014 s. 322(2)(b).

executed money warrant means a money warrant in respect of which the sheriff has received the whole of the payable amount from a third party in the absence of the person named or described in the warrant;

S. 28(1) def. of partly executed money warrant inserted by No. 47/2014 s. 322(2)(a).

partly executed money warrant means a money warrant that is an enforcement warrant or a civil warrant in respect of which the sheriff has received part of the payable amount from a third party in the absence of the person named or described in the warrant;

third party has the meaning given by section 27.

S. 28(2) amended by No. 47/2014 s. 322(3).

(2) The court that issued an applicable money warrant may, on the application of a person named or described in the applicable money warrant, reinstate that warrant as a money warrant.

(3) A person may make an application under this section within 28 days after being served with a notice under section 27(9).

S. 28(4) amended by No. 47/2014 s. 322(4)(a).

(4) If the court reinstates an applicable money warrant as a money warrant, the amount paid by the third party must be refunded to the third party and—

(a) if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or

S. 28(4)(b) amended by No. 47/2014 s. 322(4)(b).

(b) if the amount has been paid into another fund or account, the amount is to be refunded from that fund or account; or

S. 28(4)(c) inserted by No. 47/2014 s. 322(4)(c).

(c) if the amount has been held under section 33(3A), the amount is to be returned to the third party.

S. 28(5) amended by No. 47/2014 s. 322(5).

(5) An applicable money warrant may only be reinstated once under this section.

Division 7—Power to request name and address

29 Power to request name and address for purpose of executing warrant

(1) This section applies if the sheriff believes on reasonable grounds that a person may be the person named or described in a warrant to be executed by the sheriff.

(2) The sheriff may request the person to state his or her name and ordinary place of residence or business.

(3) In making the request under subsection (2), the sheriff must inform the person of the grounds for his or her belief in relation to the person's identity.

(4) A person, in response to a request under subsection (2), must not—

(a) without a reasonable excuse, refuse or fail to comply with the request; or

(b) state a name that is false in a material particular; or

(c) state an address other than the full and correct address of his or her ordinary place of residence or business.

1. 5 penalty units.

(5) A person who is requested under subsection (2) to state his or her name and address may request the sheriff to state, orally or in writing, his or her name, position and place of business.

Note

The sheriff may delegate his or her duty under subsection (5) to a sheriff's officer: see section 9(1).

(6) The sheriff, in response to a request under subsection (5), must not—

(a) without a reasonable excuse, refuse or fail to comply with the request; or

(b) state a name or position that is false in a material particular; or

(c) state an address other than the full and correct address of his or her ordinary place of business.

1. 5 penalty units.

(7) If a person states a name and address in response to a request made under subsection (2) and the sheriff suspects on reasonable grounds that the stated name or address may be false, the sheriff may request the person to produce evidence of his or her name and address.

(8) A person must not, without reasonable excuse, refuse or fail to comply with a request under subsection (7).

1. 5 penalty units.

(9) It is not an offence for a person to fail to comply with a request made under subsection (2) or (7) if the sheriff did not inform the person, at the time the request was made, that it is an offence to refuse or fail to comply with the request.

Division 8—Performance and exercise of enforcement functions and powers
at police road checks

30 Performance and exercise of enforcement functions and powers at police road checks

(1) This section applies if—

S. 30(1)(a) amended by Nos 30/2013 s. 60(Sch. item 9), 37/2014 s. 10(Sch. item 156.2).

(a) a police officer exercises a power conferred (whether expressly or by implication) by the Road Safety Act 1986 or the Heavy Vehicle National Law (Victoria) and requests or signals the driver of a motor vehicle to stop the vehicle; and

(b) the sheriff is at the place where the vehicle stops.

(2) In order to enable the sheriff to determine whether the driver, or any person accompanying the driver, is named or described in a warrant, the sheriff may direct the driver of the vehicle—

(a) to keep the vehicle stationary; or

(b) to drive the vehicle to a designated spot; or

(c) to produce his or her driver licence document or permit document; or

(d) to comply with any other reasonable direction of the sheriff.

(3) A person who is given a direction under subsection (2) must not, without reasonable excuse, refuse or fail to comply with the direction.

1. 5 penalty units.

Division 9—Other enforcement powers

31 Power to direct a person to do something

S. 31(1) substituted by No. 59/2017 s. 134.

(1) For the purpose of executing a warrant or other process or exercising a power under section 127, 128, 129, 130, 140 or 141 of the Fines Reform Act 2014, the sheriff may direct either of the following to do something—

(a) the person named or described in the warrant or other process;

(b) the registered operator of a motor vehicle against whom an enforcement warrant has been issued or the driver of that motor vehicle;

S. 31(1)(c) amended by No. 17/2022 s. 91.

(c) a person the sheriff considers is resisting or hindering the execution of a warrant or other process or the exercise of a power under section 127, 128, 129, 130, 131, 140, 141 or 145 of the Fines Reform Act 2014.

(2) A direction under subsection (1) must be reasonable.

(3) A person must not, without reasonable excuse, refuse or fail to comply with a direction under subsection (1).

1. 5 penalty units.

Pt 3 Div. 10 (Heading) substituted by No. 87/2009 s. 15.

Division 10—Costs and expenses
of execution of warrants

S. 32 (Heading) substituted by No. 87/2009 s. 16.

32 Sheriff may recover reasonable costs and expenses of execution

(1) The sheriff may recover all costs and expenses that the sheriff incurs in executing a warrant that are reasonable.

(2) Costs and expenses referred to in subsection (1) include costs and expenses incurred in engaging an agent to sell property seized under a lawfully executed warrant.

(3) Despite anything to the contrary in this Act, another Act or at law, costs and expenses referred to in subsection (1) may be recovered by the sheriff before—

(a) the proceeds arising from the sale of any property seized under a lawfully executed warrant are applied to the payment of a payable amount; or

(b) money received for the payment of a payable amount under a lawfully executed warrant is applied to the payment of a payable amount.

S. 32(4) inserted by No. 47/2014 s. 323.

(4) Despite subsection (3), if an amount stated in a money warrant is paid in whole or in part by a third party under section 27, the sheriff must not recover costs and expenses referred to in subsection (1) until 28 days after the payment is received by the sheriff.

Division 11—Miscellaneous matters

33 Sheriff's duties on receipt of money to satisfy debt or on seizing property

(1) This section applies if the sheriff—

(a) in accordance with Division 5, seizes recoverable property; or

(b) in accordance with Division 6, receives an amount of money from a person.

(2) The sheriff, without delay, must give a receipt to, as the case requires—

(a) the person who was in possession of the property seized;

(b) the person who—

S. 33(2)(b)(i) amended by No. 47/2014 s. 324(1).

(i) made a payment in respect of a notice of final demand in accordance with section 26; or

(ii) paid an amount or part of an amount stated in a money warrant under section 27.

(3) In addition, the sheriff, without delay, must take all necessary steps to obtain in respect of that amount the effectual discharge of the debt owed by the person named or described in the money warrant.

S. 33(3A) inserted by No. 47/2014 s. 324(2).

(3A) Despite subsection (3), if an amount stated in a money warrant is paid in whole or in part by a third party under section 27, the sheriff must not apply the payment to the discharge of the debt owed by the person named or described in the money warrant until 28 days after the payment is received by the sheriff.

S. 33(4) amended by No. 47/2014 s. 324(3).

(4) If the sheriff does not comply with this section, the sheriff is liable to pay any damage incurred by, as the case requires, the person to whom the notice of final demand was issued or the person named or described in the warrant in consequence of the non-compliance.

S. 33A inserted by No. 17/2022 s. 92.

33A How unsold property to be handled

(1) This section applies as follows—

(a) to the execution of a warrant or warrants under—

(i) section 74(a) or 111(3)(a) of the Magistrates' Court Act 1989; or

(ii) the County Court Act 1958; or

(iii) the Supreme Court Act 1986; or

(iv) section 109(1)(b)(i) of the Fines Reform Act 2014;

(b) if personal property seized, taken or coming into the possession of the sheriff in the execution of a warrant or warrants under those Acts—

(i) is not to be sold; or

(ii) is offered for sale but is not bought; or

(iii) is bought, but is not collected by the buyer.

(2) The sheriff—

(a) must give the owner of the property (or the person from whom the property was seized if the owner is not known) a written notice—

(i) stating that the property is available for retrieval; and

(ii) providing details of how the property may be retrieved; and

(b) may dispose of the property in any manner the sheriff considers appropriate if the property has not been retrieved within 3 months after the date the notice was given or sent.

(3) It is sufficient compliance with subsection (2)(a) ifthe sheriff sends the notice by post to the last known address of the person.

Part 4—Execution of multiple warrants

Division 1—Execution of more than one warrant at the same time

34 Definitions

In this Division—

S. 34 def. of community-based order substituted by No. 65/2011 s. 107(Sch. item 13.1(a)).

community-based order has the same meaning as old community-based order has in clause 1 of Schedule 3 to the Sentencing Act 1991;

S. 34 def. of fine conversion order inserted by No. 65/2011 s. 107(Sch. item 13.1(b)), substituted by No. 32/2013 s. 63(a).

fine conversion order has the same meaning as in the Sentencing Act 1991;

S. 34 def. of fine default unpaid community work order inserted by No. 65/2011 s. 107(Sch. item 13.1(b)), substituted by No. 32/2013 s. 63(b).

fine default unpaid community work order has the same meaning as in the Sentencing Act 1991;

instalment order has the same meaning as in the Sentencing Act 1991;

S. 34 def. of time to pay order substituted by No. 32/2013 s. 63(c).

time to pay order has the same meaning as in the Sentencing Act 1991.

S. 35 amended by No. 87/2009 s. 17.

35 All warrants in a multiple warrant situation must be executed at the same time

Subject to section 13 and this Division, if the sheriff has more than one warrant to execute against the same person, the sheriff, in accordance with the relevant court and enforcement legislation, must execute all of the warrants at the same time.

36 Execution of warrants with related seven day demands

(1) This section applies if—

(a) the sheriff has more than one warrant to execute against the same person; and

(b) at least 2 of the warrants require that a seven day demand be given to that person; and

(c) the period in respect of at least one of the seven day demands has expired.

(2) The sheriff, in accordance with the relevant court and enforcement legislation, may execute all of the warrants at the same time if the person consents, in writing, to waive the operation of the unexpired periods of the other seven day demands.

37 Execution of warrant of seizure and sale or to seize property and warrant to imprison

(1) This section applies if the sheriff has to execute against the same person—

(a) a warrant of seizure and sale or a warrant to seize property issued under section 111 of the Magistrates' Court Act 1989 (a property seizure warrant); and

(b) a warrant to imprison.

(2) The sheriff, in accordance with the relevant court and enforcement legislation, must execute the property seizure warrant before executing the warrant to imprison.

S. 38 (Heading) amended by No. 47/2014 s. 325(1).

38 Execution of warrant to imprison and enforcement warrant

S. 38(1) amended by No. 47/2014 s. 325(2).

(1) This section applies if the sheriff has to execute against the same person a warrant to imprison and an enforcement warrant.

(2) The sheriff, in accordance with the relevant court and enforcement legislation—

(a) must execute the warrant to imprison; and

S. 38(2)(b) substituted by No. 87/2009 s. 18, amended by No. 47/2014 s. 325(2).

(b) must not execute the enforcement warrant unless—

(i) the person has been arrested under the warrant to imprison; or

(ii) the person is in a police gaol in the legal custody of the Chief Commissioner of Police or in a prison in the legal custody of the Secretary.

Note to s. 38 amended by No. 47/2014 s. 325(3).

Note

Part 14 of the Fines Reform Act 2014 applies to the person against whom the sheriff executes an infringement warrant referred to in this section.

39 Execution of warrant to imprison and warrant to arrest

(1) This section applies if the sheriff has to execute against the same person a warrant to imprison and a warrant to arrest.

(2) The sheriff, in accordance with the relevant court and enforcement legislation—

(a) must execute the warrant to imprison; and

S. 39(2)(b) substituted by No. 87/2009 s. 19.

(b) must not execute the warrant to arrest—

(i) unless a seven day demand relating to the warrant to arrest is served on the person before the warrant to imprison has been received by the sheriff and—

(A) the period under that seven day demand has expired and no liability discharge event has occurred before the warrant to imprison is executed; or

(B) the operation of the period under that seven day demand has been waived by the person; or

(ii) unless the person is released from the legal custody of the Chief Commissioner of Police or the Secretary (as the case requires) and—

(A) the period under a seven day demand relating to the warrant to arrest and served on the person has expired and no liability discharge event has occurred; or

(B) the operation of the period under that seven day demand has been waived by the person.

(3) In this section—

S. 39(3) def. of liability discharge event amended by No. 65/2011 s. 107(Sch. items 13.2, 13.3).

liability discharge event means—

(a) the person has paid the fine or instalment under an instalment order to which the warrant to arrest relates, or any part of the fine or instalment, together with all warrant costs; or

(b) the person has obtained an instalment order or time to pay order; or

(c) the person has consented to the making of a community-based order; or

(d) a fine conversion order or fine default unpaid community work order has been made in respect of the person.

S. 40 (Heading) amended by No. 47/2014 s. 326(1).

40 Execution of warrant to imprison, warrant to arrest and enforcement warrant

(1) This section applies if the sheriff has the following warrants to execute against the same person—

(a) a warrant to imprison;

(b) a warrant to arrest;

S. 40(1)(c) amended by No. 47/2014 s. 326(2).

(c) an enforcement warrant.

(2) The sheriff, in accordance with the relevant court and enforcement legislation—

(a) must execute the warrant to imprison; and

S. 40(2)(b) substituted by No. 87/2009 s. 20(1), amended by No. 47/2014 s. 326(2).

(b) must not execute the enforcement warrant unless—

(i) the person has been arrested under the warrant to imprison; or

(ii) the person is in a police gaol in the legal custody of the Chief Commissioner of Police or in a prison in the legal custody of the Secretary; and

S. 40(2)(c) substituted by No. 87/2009 s. 20(2).

(c) must not execute the warrant to arrest—

(i) unless a seven day demand relating to the warrant to arrest is served on the person before the warrant to imprison has been received by the sheriff and—

(A) the period under that seven day demand has expired and no liability discharge event has occurred before the warrant to imprison is executed; or

(B) the operation of the period under that seven day demand has been waived by the person; or

(ii) unless the person is released from the legal custody of the Chief Commissioner of Police or the Secretary (as the case requires) and—

(A) the period under a seven day demand relating to the warrant to arrest and served on the person has expired and no liability discharge event has occurred; or

(B) the operation of the period under that seven day demand has been waived by the person.

(3) In this section—

S. 40(3) def. of liability discharge event amended by No. 65/2011 s. 107(Sch. items 13.4, 13.5).

liability discharge event means—

(a) the person has paid the fine or instalment under an instalment order to which the warrant to arrest relates, or any part of the fine or instalment, together with all warrant costs; or

(b) the person has obtained an instalment order or time to pay order; or

(c) the person has consented to the making of a community-based order; or

(d) a fine conversion order or fine default unpaid community work order has been made in respect of the person.

Division 2—Application of proceeds from executed money warrants

S. 41 (Heading) amended by No. 47/2014 s. 327(1).

S. 41 amended by No. 47/2014 s. 327(2).

41 Division does not affect the operation of Part 9 or Part 11 of the Fines Reform Act 2014

This Division does not affect the operation of Part 9 or Part 11 of the Fines Reform Act 2014.

42 Definitions

In this Division—

apply, in relation to combined proceeds, means to pay to the person entitled, or required, to be paid under a money warrant;

combined proceeds means—

(a) proceeds from the sale of property seized by the sheriff under money warrants executed at the same time;

(b) money received by the sheriff as payment of the payable amounts, or parts of payable amounts, specified in money warrants executed at the same time.

43 Priority of application of proceeds of executed warrants

The sheriff must apply combined proceeds for the payment of payable amounts in the order of priority specified under this Division unless there has been disentitling conduct in relation to the money warrant to which a payable amount relates.

Note

See also section 32(3).

44 Payable amounts under warrants to imprison to be applied first

(1) If combined proceeds held by the sheriff include money received in respect of a payable amount under a warrant to imprison, the sheriff must apply that money before the sheriff applies any other money or proceeds from the combined proceeds.

(2) If combined proceeds held by the sheriff include money received in respect of payable amounts under more than one warrant to imprison, the sheriff must apply that money—

(a) before the sheriff applies any other money or proceeds from the combined proceeds; and

(b) in order of receipt by the sheriff of the warrants to imprison.

(3) Once money from combined proceeds held by the sheriff as payment of payable amounts under all warrants to imprison has been applied, the sheriff must—

(a) first, apply any money received by the sheriff as payments of payable amounts under any warrant to arrest or, in accordance with subsection (4), warrants to arrest; and

(b) secondly, apply any remaining combined proceeds in order of receipt by the sheriff of the warrants to which those proceeds relate.

(4) If the sheriff has received money in respect of more than one payable amount under more than one warrant to arrest, the sheriff must apply that money—

(a) before the sheriff applies any other money or proceeds from the combined proceeds; and

(b) in order of receipt by the sheriff of the warrants to arrest.

45 How payable amounts under warrants to arrest and other non-imprisonment warrants are to be applied

(1) This section applies if combined proceeds held by the sheriff comprise money and proceeds in respect of warrants other than warrants to imprison.

(2) If combined proceeds held by the sheriff include money received in respect of a payable amount under a warrant to arrest, the sheriff must apply that money before the sheriff applies any other money or proceeds from the combined proceeds.

(3) If combined proceeds held by the sheriff include money received in respect of payable amounts under more than one warrant to arrest, the sheriff must apply that money—

(a) before the sheriff applies any other money or proceeds from the combined proceeds; and

(b) in order of receipt by the sheriff of the warrants to arrest.

(4) Once money from combined proceeds held by the sheriff in respect of payable amounts under all warrants to arrest has been applied, the sheriff must apply any remaining combined proceeds in order of receipt by the sheriff of the warrants to which those proceeds relate.

46 How payable amounts under other money warrants are to be applied

(1) This section applies if combined proceeds held by the sheriff comprise proceeds in respect of warrants other than warrants to imprison or warrants to arrest.

(2) The sheriff must apply those combined proceeds in order of receipt by the sheriff of the warrants to which those proceeds relate.

Part 5—General

Division 1—Offences

S. 47 amended by No. 87/2009 s. 21, substituted by No. 59/2017 s. 135.

47 Offence to resist sheriff, deputy sheriff, sheriff's officer or justice employee

A person must not resist the sheriff, the deputy sheriff, a sheriff's officer or an appropriately trained justice employee in—

(a) the execution of a warrant or other process; or

S. 47(b) amended by No. 17/2022 s. 93.

(b) the exercise of a power under section 127, 128, 129, 130, 131, 140, 141 or 145 of the Fines Reform Act 2014.

Penalty: 6 months imprisonment.

S. 48 (Heading) substituted by No. 87/2009 s. 22(1).

48 Offence to assault sheriff, deputy sheriff, sheriff's officer or justice employee

(1) A person must not assault—

(a) the sheriff while the sheriff is performing or exercising an enforcement function or power; or

(b) the deputy sheriff while the deputy sheriff is performing or exercising an enforcement function or power; or

S. 48(1)(c) amended by No. 87/2009 s. 22(2).

(c) a sheriff's officer while the sheriff's officer is performing or exercising a delegated enforcement function or power; or

S. 48(1)(d) inserted by No. 87/2009 s. 22(3).

(d) an appropriately trained justice employee while the appropriately trained justice employee is performing or exercising a delegated enforcement function or power.

1. 6 months imprisonment.

(2) This section does not affect the powers of the Supreme Court in relation to contempt.

S. 49 (Heading) substituted by No. 87/2009 s. 23(1).

S. 49 amended by No. 87/2009 s. 23(2).

49 Offence to escape from lawful custody of sheriff, deputy sheriff, sheriff's officer or justice employee

A person must not escape from the lawful custody of the sheriff, the deputy sheriff, a sheriff's officer or an appropriately trained justice employee.

1. 6 months imprisonment.

   50 Offence to rescue or attempt to rescue goods

S. 50(1) amended by No. 87/2009 s. 24.

(1) A person must not rescue or attempt to rescue any property lawfully seized by the sheriff, the deputy sheriff, a sheriff's officer or an appropriately trained justice employee.

1. 6 months imprisonment.

(2) This section does not affect the powers of the Supreme Court in relation to contempt.

S. 51 (Heading) substituted by No. 87/2009 s. 25(1).

S. 51 amended by No. 87/2009 s. 25(2).

51 Offence to impersonate sheriff, deputy sheriff, sheriff's officer or justice employee

A person must not impersonate the sheriff, the deputy sheriff, a sheriff's officer or an appropriately trained justice employee.

1. 6 months imprisonment.

Division 2—Information collection

52 Definitions

In this Division—

S. 52 def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 92).

Council has the same meaning as in the Local Government Act 2020;

S. 52 def. of credit information inserted by No. 47/2014 s. 328(1)(a).

credit information has the same meaning as
it has in the Privacy Act 1988 of the Commonwealth;

S. 52 def. of credit reporting body inserted by No. 47/2014 s. 328(1)(a).

credit reporting body has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;

S. 52 def. of identification information inserted by No. 47/2014 s. 328(1)(a).

identification information has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;

law enforcement agency has the same meaning as in the Surveillance Devices Act 1999;

public sector body has the same meaning as in the Public Administration Act 2004;

S. 52 def. of relevant information inserted by No. 47/2014 s. 328(1)(a).

relevant information, in relation to a person named in a warrant, means any identification information included in the person's credit information;

S. 52 def. of required information substituted by No. 47/2014 s. 328(1)(b).

required information, in relation to a person—

(a) in respect of whom a notice of final demand has been served; or

(b) in respect of whom a warrant has been received and is to be executed by the sheriff; or

(c) whose property is the subject of a warrant received and to be executed by the sheriff—

means the name, date of birth and last known address of the person that is held by a specified agency;

S. 52 def. of specified agency amended by No. 47/2014 s. 328(1)(c).

specified agency means—

(a) a public sector body; or

(b) a Council; or

(c) a prescribed organisation.

53 Sheriff may request required information from specified agency for purpose of executing warrants

(1) For the purpose of executing a warrant against a person, the sheriff may request in writing to a specified agency that it provide to the sheriff required information in relation to the person.

(2) The sheriff may request required information under subsection (1) only if he or she has made all reasonable attempts to execute a warrant against the person without success.

(3) A request under subsection (1) must include only information that is sufficient to enable the specified agency to identify the person to whom the request relates.

S. 53(4)(5) repealed by No. 47/2014 s. 328(2).

---

54 Specified agency must comply unless certain cases apply

(1) A specified agency must comply with a request under section 53(1) within 14 days after receiving the request unless—

(a) the specified agency is a law enforcement agency; or

(b) the public sector body Head (within the meaning of the Public Administration Act 2004) of the public sector body or chief executive officer of the Council, as the case requires, certifies in writing that exceptional circumstances apply that require the agency not to provide the sheriff with the required information.

(2) Despite subsection (1)(a), a law enforcement agency may comply with a request under section 53(1).

(3) A certificate referred to in subsection (1)(b) must be given to the sheriff within 14 days after receiving a request under section 53(1).

55 Restriction on sheriff in relation to use of required information

The sheriff may use required information provided to him or her under this Division only for the purpose of executing a warrant against the person to whom the required information relates.

S. 55A inserted by No. 47/2014 s. 329.

55A Access to and use of information held by credit reporting bodies

On the written request of the sheriff, a credit reporting body is authorised to disclose to the sheriff relevant information about a person named in a warrant for the purpose of executing a warrant against the person to whom the relevant information relates.

Pt 5 Div. 2A (Heading and s. 55B) inserted by No. 17/2022 s. 95.

Division 2A—Service of foreign, interstate and Commonwealth judicial documents

S. 55B inserted by No. 17/2022 s. 95.

55B Service of certain judicial documents

(1) The sheriff must serve a foreign judicial document if requested to do so by the Supreme Court.

(2) The sheriff may serve an interstate or Commonwealth judicial document if requested to do so by a party to the proceeding to which the document relates.

Division 3—Regulations

56 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) fees or charges payable in respect of anything done by the sheriff in or in relation to the execution of any warrant or other process, including—

(i) the issue or execution of a warrant or other process; or

(ii) the amendment, alteration or variation of a warrant or other process; or

(iii) the supply of a duplicate copy of a warrant or other process;

S. 56(1)(ab) inserted by No. 17/2022 s. 96.

(ab) fees or charges payable in respect of the service of—

(i) a foreign judicial document; or

(ii) an interstate or Commonwealth judicial document;

(b) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to the Act.

S. 56(1A) inserted by No. 47/2014 s. 330.

(1A) Regulations made under this Act may provide for the waiver or refund of a fee or charge fixed under subsection (1)(a), and the waiver or refund—

(a) may be expressed to apply either generally or specifically—

(i) in respect of certain matters or classes of matters; and

(ii) in respect of certain persons or classes of persons; and

(b) may be subject to specified conditions.

(2) A power conferred by subsection (1)(a) to make regulations providing for the imposition of fees or charges may be exercised by providing for all or any of the following matters—

(a) specific fees or charges;

(b) maximum fees or charges;

(c) minimum fees or charges;

(d) fees or charges that vary according to value or time;

(e) the manner of payment of fees or charges;

(f) the time or times at which fees or charges are to be paid.

(3) The regulations may—

(a) be of general or of limited application;

(b) differ according to differences in time, place or circumstance;

(c) confer a discretionary authority or impose a duty on a specified person or a specified class of person.

Part 6—Amendments, savings and transitionals

Pt 6 Divs 1–4 (Headings and ss 57–77) repealed by No. 70/2013 s. 3(Sch. 1 item 51).

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Division 5—Savings and transitionals

78 Definition

In this Division—

commencement day means the day on which section 6 comes into operation.

79 Saving of office of sheriff

On the commencement day, the person who immediately before that day was employed as the sheriff in accordance with section 106(a) of the Supreme Court Act 1986 is to be taken to be employed as the sheriff under section 6 of this Act on the same terms and conditions as that person was employed immediately before that day.

80 Saving of office of deputy sheriff

On the commencement day, the person who immediately before that day was employed as a deputy sheriff in accordance with section 106(b) of the Supreme Court Act 1986 is to be taken to be employed as the deputy sheriff under section 10 of this Act on the same terms and conditions as that person was employed immediately before that day.

81 Savings provision—sheriff's officers

On the commencement day, a person who immediately before that day was employed under the Public Administration Act 2004 as a sheriff's officer is to be taken to be employed as a sheriff's officer under section 11 of this Act on the same terms and conditions as that person was employed immediately before that day.

82 Transitional provision—deputised persons

On the commencement day, a person who immediately before that day was declared by an Order made under section 107 of the Supreme Court Act 1986 to be a deputy sheriff is to be taken to be appointed as a deputised person under section 8 of this Act.

83 Transitional provision—sheriff's officers who are bailiffs for purposes of Supreme Court Act 1986

On the commencement day, a sheriff's officer who immediately before that day was appointed by an Order made under section 109 of the Supreme Court Act 1986 to be a bailiff is to be taken to be appointed as a bailiff under section 12 of this Act.

84 Transitional provision—sheriff's officers who are bailiffs of the County Court

On the commencement day, a sheriff's officer who immediately before that day was appointed by an Order made under section 23 of the County Court Act 1958 to be a bailiff is to be taken to be appointed as a bailiff under section 12 of this Act.

85 Application of Act to a warrant and other process issued but not executed before commencement day

On and after the commencement day, this Act applies to a warrant or other process that the sheriff has received for execution before that day but has not yet executed.

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 9 October 2008

Legislative Council: 4 December 2008

The long title for the Bill for this Act was "A Bill for an Act to provide a legislative framework for the appointment of the sheriff, the deputy sheriff and sheriff's officers and their functions, powers and duties and to amend the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989 and the Interpretation of Legislation Act 1984 and for other purposes."

The Sheriff Act 2009 was assented to on 24 March 2009 and came into operation on 1 October 2009: Government Gazette 1 October 2009 page 2539.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Sheriff Act 2009 by Acts and subordinate instruments.

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Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009

Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011

Heavy Vehicle National Law Application Act 2013, No. 30/2013

Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013

Statute Law Revision Act 2013, No. 70/2013

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Fines Reform Act 2014, No. 47/2014

Fines Reform Amendment Act 2017, No. 59/2017

Local Government Act 2020, No. 9/2020

Police and Emergency Legislation Amendment Act 2020, No. 29/2020

Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022, No. 17/2022

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3 Explanatory details

No entries at date of publication.